HomeMy Public PortalAboutORD07646 BILL NO. 1
INTRODUCED BY COUNCILMEN
ORDINANCE NO. _ ?6V1,
AN ORDINANCE ESTABLISHING MINIMUM HOUSING STANDARDS FOR HABITABLE
BUILDINGS, PROVIDING FOR THE MAINTENANCE OF HABITABLE BUILDINGS UP
TO MINIMUM STANDARDS, REGULATING OVERCROWDING AND PROVIDING MINIMUM
STANDARDS OF OCCUPANCY, DEFINING THE POWERS AND DUTIES OF THE BUILD-
ING COMMISSIONER, PROVIDING FOR APPEALS, DECLARING THE MAINTENANCE
AND USE OF DWELLINGS BELOW THE MINIMUM STANDARDS A NUISANCE, AND
PROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF, AND
REPEALING ORDINANCE NUMBER 7013 OF THE CITY RELATING TO THE SAME SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON MISSOURI AS
FOLLOWS:
Section 1. Title. This ordinance shall be known and may be cited as
the "Housing Code".
Section Z. Applicability. (a) Every building used in whole or in part
as the home or residence of a single family or person, and every building used in
whole or in part as a home or residence of two or more persons or families living
in separate apartments shall conform to the requirements of this ordinance irrespec-
tive of the class to which the building may belong and when such building may
have been constructed, altered or repaired. This ordinance establishes minimum
standards for occupancy and does not replace or modify any standards otherwise
established for the construction, replacement or reppir of buildings.
(b) The provisions of this ordinance shall not be deemed to modify or
otherwise affect or substitute for any provision of any other ordinances of this
city but shall be cumulative thereto.
(c) Should any section, paragraph, sentence, clause or phrase in this
ordinance be declared unconstitutional or invalid for any reason, the remainder of
the ordinance shall not be affected thereby but shall remain in full force and effect;
to this end the provisions of this ordinance are declared to be severable.
Section 3. Definitions. In this ordinance, the following words and
phrases shall have the meanings hereinafter respectively ascribed:
(a) "Basement" shall mean that portion of a building which is wholly
below grade or partly below and partly above grade, the ceiling in which is less
than four feet, six inches above grade.
(b) "Crawl Space" shall mean the space beneath the ground floor of
a dwelling or part of a dwelling under which there is no basement.
(c) "Dwelling" shall mean any house or building, or portion thereof,
occupied in whole or in part as a home, residence or sleeping place of one or
more human beings on a permanent or transient basis.
(d) "Dwelling Unit" shall mean any room or group of rooms occupied
.- by a person or family as a home for cooking and sleeping; provided that com-
• mercial buildings occupied only by the custodian thereof shall not be deemed
a dwelling unit.
(e) "Fire Hazards" shall mean any combustible or explosive matter
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or any accumulations of rubbish, waste paper, boxes, cardboard or any other
highly flammable materials.
(f) "Habitable Building" shall mean any structure or part thereof used
as a home or place of abode by one or more persons.
(g) "Habitable Room" shall mean every room in any building in which
persons sleep, eat, or carry on their usual domestic or social vocations or
avocations, but shall not include private laundry, bathrooms, toilet rooms,
dressing rooms, pantries, storerooms, corridors or other similar places not used
by persons frequently or for intended periods.
(h) "Owner" shall mean the holder or holders of record title to any premises
In the city or any person who, alone or jointly or severally with others, shall be in
actual possession or occupy, or have charge, care or control of any premises,
dwelling or dwelling unit in the city, as lessee, agent, employee, trustee or
guardian of the person or estate of the record title holder.
(1) "Person" shall mean any person, firm, association or corporation,
or any agent or employee thereof.
(j) "Plumbing" - all provided gas pipes and provided gas-burning equip-
ment, waste pipes, water pipes, water closets, sinks, lavatories, bathtubs,
catch-basins, drains, vents and any other provided fixtures together with the
connections to the water, sewer or gas lines.
(k) "Public Hall" - a hall, corridor or passageway not within the ex-
clusive control of one family.
(1) "Substandard" - all buildings used for purposes of human habitation
which do not conform to the minimum standards established by this ordinance or
by other ordinances of this city.
Section 4. Regulations for the Use and Occupancy of Dwellings. It
shall be unlawful for any person to use or occupy or for any owner to permit any
dwelling or dwelling unit to be used or occupied as a place for human habitation
unless the same complies with the provisions of this section and any habitable
building which shall fail to conform to the requirements set forth below shall be
deemed a nuisance:
(a) Basement, Cellar, or Crawl Space. The basement, cellar or crawl
space of any dwelling shall be dry and ventilated and shall be kept free from
rubbish accumulation and rodent infestation.
(b) Heating, Every dwelling and every dwelling unit shall be so con-
structed, insulated and maintained that it is possible to reach an air temperature
of 68 degrees Fahrenheit under ordinary minimum winter conditions. The chimney
of every dwelling or dwelling unit shall be maintained in good order and repair,
and the owner of heating equipment shall maintain it in good order and repair.
(c) Dampness. The floors, ceilings and walls of every dwelling and
every dwelling unit shall be kept free from excessive dampness.
(d) Ventilation. Every habitable room in a dwelling or dwelling unit
shall contain a window or windows opening directly to the outside air, and the
total area of such window or windows shall be not less than 10% of the floor
area of such room. All window sash shall be glazed and provided with suitable
hardware and shall be made to open to the extent of not less than 4% of the
floor area of such room. A window is not required in an efficiency kitchen of
an apartment where the kitchen,is used only for the preparation of foods and is
adjacent to a dinette or alcove off the living room. An approved system of
mechanical ventilation or air conditioning may be used in lieu of openable
windows. Such system shall provide not less than four air changes per hour.
(e) Lighting. Every habitable room shall have an approximately central
ceiling electric outlet or at least two wall or floor outlets, or duplex outlet in
wall or floor. A minimum of one foot candle of daylight or artificial illumination
shall be required at all times in all public halls.
(f) Basement Dwelling Units. The use of basements for dwelling units
is prohibited except where 50% or more of the unit is above grade level.
(g) Sleeping Rooms. No room shall be used for sleeping purposes un-
less the ceiling height is at least 7 feet from the floor and there are at least 400
cubic feet of air space for each occupant over six years old. No room used for
sleeping purposes shall have a floor area of less than 60 square feet. In sleeping
rooms with sloping ceilings the ceiling height shall be at least 7 feet above the
required 60 square feet floor area and only that portion of the room with a ceiling
height of 7 feet or more shall be counted in computing the minimum floor area.
(h) Overcrowding. The total area in all habitable` rooms in a dwelling
unit shall be such as to provide at least 65 square feet of floor area per person,
provided that there shall be at least one room in each dwelling unit which shall
have a minimum floor area of 120 square feet.
(i) Water Supplies and Sinks. Every dwelling unit shall contain a kitchen
sink in good working condition and properly connected to a water and sewer system
approved by the City Plumbing Inspector.
W Water Closet & Plumbing Requirements Generally: Ventilation When
Outside Privies Shall be Removed. Every dwelling unit (except as otherwise
specifically permitted in this section) shall contain a room which affords privacy
to a person within said room and which is equipped with a flush water closet and
a lavatory basin in good working condition and properly connected to a water and
sewer system in accordance with the Plumbing Code and approved by the Plumbing
Inspector. Every dwelling unit (except as otherwise permitted in this section)
shall contain within a room affording privacy to a person therein, a bathtub or
shower in good working condition properly connected to a water and sewer system
approved by the Plumbing Inspector. The occupants of not more than two dwelling
units may share a single flush water closet, a single lavatory basin, and a single
bathtub or shower if:
(a) Neither of the two dwelling units contains more than two
rooms: provided that, for the purposes of this subsection a
kitchenette or an efficiency kitchen with not more than 60 square
feet of floor area shall not be counted as a room.
(b) The habitable area of each of such dwelling units shall
equal not more than 250 square feet of floor area.
(c) Such water closet, lavatory basin and bathtub or shower
shall be in good working condition and properly connected to a
water and sewer system approved by the Plumbing Inspector.
Every kitchen sink, lavatory basin, and bathtub or shower required by
this ordinance shall be properly connected to hot and cold water lines. Every
dwelling shall be equipped with properly installed water heating facilities, main-
tained in safe and good working condition and properly connected to all hot
water lines, capable of heating water to an extent that an adequate amount, at
a temperature of not less than 120o F. , may be drawn at every kitchen sink,
lavatory basin, bathtub or shower served by the water heating facility. Such
water heating facilities shall be capable of meeting the requirements of this
subsection when the heating facilities of the dwelling or dwelling unit are not
In operation.
Hopper water closets, water closets outside of habitable buildings,
and privies shall be eliminated upon notice for failure to maintain in a sanitary
condition. In any event, they shall be eliminated within six months from the
effective date of this ordinance or as soon as sanitary sewers are available.
The place where such privies were located shall be properly filled with earth
so as to meet the requirements of the Health Inspector.
(k) Lighting and Ventilation of Toilets and Bathrooms. Every toilet
and every bathroom in a dwelling shall have at least one electric outlet in either
the ceiling or wall.
(1) Entrances. There shall be for each dwelling unit a separate access
either to a hallway, landing, stairway, or street.
(m) Exits. Every dwelling unit shall have a safe unobstructed means
of egress leading to safe and open space at ground level.>;as-required by the laws
of this state or ordinances of this city.
(n) Drainage. All courts, yards or other areas on the premises of any
dwelling shall be properly graded and drained. Metal gutters and down spouts
shall be installed and maintained in working condition unless the roof overhang
Is one foot or more and the drainage therefrom falls on a privately owned paved
surface.
(o) Garbage, Rubbish and Ash Receptacles. Every dwelling and every
dwelling unit shall be provided with such receptacles as may be necessary to
contain all garbage, rubbish and ashes, and all such receptacles shall at all
times be maintained in good order and repair. Receptacles for garbage shall be
made of metal, water-tight and be provided with tight covers.
Section 5. Basement Rooms Not to be Used for Habitable Purposes:
Exceptions; Standards Prescribed. No room in any basement in an existing build-
ing shall be used for habitable purposes unless the room is being so used on
the effective date of this ordinance and the following standards are complied .
with.
(a) The ceiling shall be at least seven feet high and shall be at least
four feet, six inches above the surface of the street or ground outside of or
adjoining the room.
(b) There shall be appurtenant to the room the use of a water closet,
in a water closet compartment, properly vented to the outside air.
(c) The room shall have one or more window openings of not less than
eight square feet in total area, exclusive of the sash frames, and shall open
readily for purposes of ventilation directly to the street or yard.
(d) The floor shall be water-proof and damp-proof.
(e) The room shall be well drained and dry.
Section 6. Dwelling Not to be Overcrowded; Conditions to Determine
Overcrowding. If any habitable room or dwelling unit is overcrowded, the
number of persons sleeping therein shall be reduced to eliminate the over-
crowding. Overcrowding is determined by the following conditions:
(a) Every room used for sleeping purposes shall have at least sixty
square feet of floor area per person.
(b) The total area in all habitable rooms in a dwelling unit shall be
sufficient to provide at least sixty-five square feet of floor area per person,
provided, that in each dwelling unit there shall be at least one room having a
minimum floor area of 120 square feet.
(c) In every habitable room shall be not less than seven feet between
the floor and the ceiling over the minimum required square feet for the room.
(d) A habitable room shall contain at least sixty square feet of floor
area and shall have a horizontal dimension of at least seven feet.
Section 7. Owner to Keep Dwelling in Good Repair. (AY) A person shall
not occupy, permit to be occupied, or lease to another for occupancy any dwelling
or dwelling unit for the purpose of living therein unless the dwelling or dwelling
unit meets the following requirements:
(b) Every foundation, floor, wall, ceiling and roof shall be reasonably
weathertight, watertight, rodentproof, capable of affording privacy and in good
repair.
(b) Every window, exterior door, and basement hatchway shall be
reasonably weathertight, watertight, and rodentproof and shall be kept in sound
working condition and good repair.
(c) Every inside and outside stair, porch, and appurtenances thereto,
shall be so constructed as to be safe for use, capable of supporting the load
that normal t}se may cause to be placed thereon, and shall be kept in sound con-
dition and good repair.
(d) Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition, free from defects,
leaks, and obstructions.
(e) Every water closet compartment floor surface and bathroom floor
surface shall be constructed and maintained so as to be reasonably impervious
to water and to permit the floor easily to be kept in a clean and sanitary condition.
(f), Every supplied facility, piece of equipment, or utility required by
this ordinance shall be so constructed or installed that it will function safely
and effectively and thereafter shall be maintained in a satisfactory working con-
dition.
(g) The dwelling unit must be clean and sanitary and conform with
all provisions of this ordinance.
(B) An owner shall not cause any service, facility, equipment or utility
required by this ordinance to be removed, shut off, or disconnected from any
occupied dwelling or dwelling unit except for temporary interruptions while
repairs or alterations are in process or during temporary emergencies when dis-
continuance of service is approved by the Building Commissioner.
Section S. Duty of occupant. The occupant of a dwelling shall keep
the dwelling, including all yards, lawns and courts, clean and free from any
accumulations of dirt, filth, rubbish, garbage or similar materials, and from all
vermin or rodent infestation, and from all accumulations of combustible or ex-
plosive materials, including waste paper, boxes, cardboard or other highly
flammable materials so situated as to contribute to a fire or endanger lives or
property, and keep all aisles, hallways, stairways, landings, basements,
rooms, passageways and walks free from obstructions that might interfere with
the egress of occupants or visitors from the dwelling or premises or the oper-
ation of fire department employees at the premises in the event of a fire.
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The occupant of a dwelling unit shall keep that portion of the property
which he occupies and over which he has exclusive control in a clean condition,
comply with all provisions of this ordinance relating to the density of room
occupancy, place all garbage and refuse in proper containers, eliminate all
rodent infestations by extermination methods and maintain all plumbing fixtures
In a sanitary condition. If receptacles are not provided by the owner, the
occupant shall provide all receptacles necessary to contain all garbage, refuse,
trash and ashes.
The occupant of a dwelling or dwelling unit shall not deposit any material
In any toilet, bathtub, sink or other plumbing fixture which may result in the ob-
struction of any sanitary sewer.
Section 9. Owner to Have Dwelling Units in Sanitary Condition Before
Renting. Whenever a dwelling unit is vacated, it shall be the duty of the owner
to see that such dwelling unit is in a clean, sanitary, habitable condition and
free from infestation before renting such dwelling unit to another occupant. Where
necessary, the owner shall renovate or paint walls and ceilings and clean, repair
and exterminate vermin in such vacated dwelling unit before offering it for rent.
ANk Section 10. Power of Building Commissioner to Make Regulation. For
the purpose of protecting the health, welfare and safety of the inhabitants of
dwellings or dwelling units, the Building Commissioner is hereby authorized to
enforce the provisions of this ordinance and of other ordinances of this city which
regulate or set standards affecting habitable buildings, including the "Building
Code", and to make such rules and regulations as shall from time to time be
necessary to carry out the purposes of this ordinance, and the rules and regulation
shall become effective when filed with the City Clerk and approved by resolution
of the City Council.
Section 11. Power to Inspect. The Building Commissioner may enter any
premises, any habitable building or any vacant building designed or used for
residential purposes, to make inspections and determine whether the provisions
of this ordinance are being complied with. Such inspections may be made in sur-
veys of one or more blocks or specific areas.
The Housing Inspector, Electrical Inspector, Plumbing Inspector and Fire
Inspector of the city may enter any premises, habitable building or vacant building
deh.ijjned or used for residential purposes to make inspections when authorized
by a written order of the Building Commissioner which shall be presented to the
occupants of the premises upon request.
Section 12. Authority to Order Corrections of Deficiencies. Whenever
it shall be found by the Building Commissioner that a dwelling is unfit for human
habitation, or dangerous to life or health by reason of want of repair, deterioration,
defects in the drainage, plumbing, lighting, ventilation, or the construction of
same, or by reason of the existence on the premises of a nuisance likely to cause
sickness or injury among the occupants of the dwelling, or for any other cause
affecting the public health or safety, or if such dwelling does not conform to the
requirements of this ordinance, the Building Commissioner may issue an order to
the owner, or party or parties, responsible for the matter or condition constituting
the violation of this ordinance that the matter, condition or thing be removed,
abated, altered or otherwise improved or that the violation be discontinued as
his order may specify.
If the order of the Building Commissioner is not complied with within
the time specified, he may order the premises vacated by posting a notice on
• the front of the building. The notice shall state that the order of the Building
Commissioner was not complied with within the time stated in said order, that
the building or premises is unfit for human occupancy, and that occupancy is
prohibited after the date stated therein, which date shall be not less than five days
nor more than sixty days from the date the notice is posted. A copy of such notice
shall be sent to the owners of record title of the property, if their names and
addresses can be ascertained on a reasonable search, and to the occupants of the
dwelling.
A dwelling ordered to be vacated shall not again be occupied until a
written statement shall have been secured from the Building Commissioner that
the dwelling complies with all applicable city ordinances. It shall be unlawful
for anyone to let, lease, occupy or permit the occupancy, whether for a consider-
ation or not, of any posted dwelling.
Section 13.. .When Building Commissioner Shall Condemn Building. If
any building shall be found to be unsafe and dangerous to the lives of persons,
and the cost of repair or alteration shall be deemed prohibitive by the Building
Commissioner, he shall condemn such building and proceed with its removal as
in all other cases of condemned buildings.
Section 14. Demolition of Building in Compliance With Notice. Any
owner of a building receiving notice that such building does not conform to this
ordinance may remove or demolish such building, ar}d such action shall be deemed
compliance.
Section 15. Buildings to be Classified; Basis of Classification; Inspec-
tions to be Made Periodically. The city planning commission, with the assistance
of the Ebbilding Commissioner shall classify buildings or houses, or groupings
thereof, used in whole or in part for purposes of human habitation, according
to their degree of depreciation or obsolescetice;, or to their condition for residen-
tial purposes. This classification shall be made on the basis of immediate action
necessary on such buildings as required by public health and safety.
This group shall make periodic inspections of such buildings and shall
determine the frequency of such inspections of the several classes.
Section 16. Board of Building Appeals to Hear and Decide Appeals. The
Board of Building Appeals shall have jurisdiction under this ordinance to hear and
decide appeals where it is alleged that there is error in any order, requirement,
decision or determination made by the Building Commissioner in the enforcement
® of this ordinance. The Board of Building Appeals shall consist of five residents
of Jefferson City, appointed by the Mayor with approval of the City Council. Each
member shall serve for a time of three years. The Mayor shall designate one of
them as chairman.
Section 17. Appeals to be Made to Board of Building Appeals; Time of
Filing; Fee; Notice and Record to be Submitted. Appeals may be taken to the
Board of Building Appeals by any person aggrieved by any decision of the Building
Commissioner in the enforcement of this ordinance. Such appeal shall be taken
within thirty days after the decision is rendered by filing with the Building Com-
missioner a written notice of appeal specifying the grounds therefor accompanied
by a docket fee of Ten Dollars.
The Building Commissioner shall forthwith submit to the board a copy
of such notice of appeal together with all the papers constituting the record
upon which the action appealed from is taken.
Section 18. Appeal to Stay Repairs; Exceptions; Copies of Inspections
May Be Requested. An appeal shall, stay all proceedings in furtherance of the
action appealed from, unless the BO�lding Commissioner shall certify to the board,
subsequent to the filing of any notice of appeal, that, by mason of the facts
stated in the certificate, a stay would cause imminent peril to life or property.
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In such case„ proceedings shall not be stayed otherwise than by the order of any
court of competent jurisdiction.
It shall be the duty of the Building Commissioner to furnish the Board
of Building Appeals, upon request, with copies of reports of any or all inspections
made by such officers in the matter on appeal and to furnish such other information
as may be available to them and requested by such board.
Section 19. Board of Buildingt Appeals to Fix Time and Place for Hearings;
Notice. The Board of Building Appeals shall fix a time and place for the hearing
of appeals. Such hearing shall be had within a reasonable time after the filing of
the notice of appeal and such hearing shall not be less than ten days nor more than
twenty days after the mailing of notice of the hearing. Notice of the time and
place of hearing shall be sent by mail to the appellant or to his attorney of record.
Section 20. Powers of Board. In exercising the powers enumerated in
this ordinance the Board of Building Appeals may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination appealed from, and
may make such order, requirement, decision or determination as ought to be made.
Section 21. Board to Act by MaJority Vote; When Action of Board to
Become Effective; Decision of Board Open to Public Inspection. The Board of Build-
ing Appeals shall act by majority vote and a quorum shall consist of at least three
members. The action of the board shall not become effective until after the resolu-
tion of the board setting forth the full reason for its decision and the vote of each
member participating therein has been spread upon its minutes. Such resolution,
immediately following the board's final decision, shall be filed in the office of
the board and shall be open to public inspection. \
Section 22. Review of Decisions; Disposition of Docket Fee. Any de-
cision of the board under this chapter shall be subject to review by a writ of
certiorari from any court of competent jurisdiction.
In no case shall the appellant be liable for any expenses incurred prior
to court review for surveys, investigations or hearings of the board.
If a decision appealed from is affirmed, the docket fee previously de-
posited by appellant shall be forfeited, and the money shall be paid into the city
treasury. If the decision appealed from shall be reversed or modified, then said
docket fee shall be refunded to appellant.
Section 23. Penalties. Any person violating any of the provisions of
this ordinance or any lawful order or regulation made and adopted by the Building
Commissioner in pursuance thereof shall be guilty of a misdemeanor and shall be
subject to a fire of not less than $1. 00 nor more than $100. 00, and each day's
violation shall constitute a separate offense.
Section 24. Repeal Clause. Ordinance Number 7013 of the city be,
and the same is hereby,: repealed.
Section 25. Effective Date. This ordinance shall take effect from and
after its passage and approval.
Pa s s ed: Approved:
• President of Council Mayor
Attest:
City Clerk